filing I-485, time limitations

[help99]

Hi, my I-130 PD will be current next month. I have an I-485 pending for an approved I-140, but the PD is still 5 month away (Feb 04 for EB3 from China). I want to save the $1010/person+hassle of physical checks to file the I-485 for I-130. I am wondering is there a deadline to file I-485 after the PD is current?

Thank you for your help in advance.
cj

[li1234]

you might want to talk to your lawyer if you have one. Otherwise, you can call the USCIS customer services. They are helpful at most of the time.

At the same time, you should contact the national visa center and tell them you are here in the US, you will adjust your status here. It does not matter you really use the I-130 to adjust you status or not, just tell them you will, then they will hold your file here, otherwise they will send it to Guangzhou when your PD is current. If they send it Guangzhou, you will be delayed when you really want to use this I-130 to adjust your status.

[daru786]

Your status is really really important to you and your family. I would suggest you to over look the $1010.00 fee and look at the bigger picture before the law changes.

[help99]

Thanks to li and daru

I appreciate your replies. The bigger picture is far more important than the $1010!

Would I be receiving a notice to file for AOS from CIS?

The I-130 indicated I am in the US, are they still going to forward it to GuangZhou? I guess I do not understand the flow of things: when PD becomes current, is CIS going to forward everything to NVC?

[daru786]

You don't get any notices. Once your PD is current you go ahead file a I-485. As far as I-130, if you had stated a US address, then they don't send your file to you home country. If abroad (consular processing), supposedly US consulate contacts you 6 months prior to PD getting current.
Thanks

[li1234]

I have the same understanding as Daru's. If you had stated a US address when filing the I-130, your file will not be forwarded to NVC, not to mention Guangzhou.

[help99]

that's great news!

I appreciate all your helps!
cj